The Research On The Identification Of Personal Information Infringement

The concept of privacy intersects with personal information but cannot be completely equivalent.The private part of personal information is protected by privacy.The personal information after disclosure is not private,which is contrary to the connotation of privacy protection.Therefore,the protection of personal information must explore the appropriate remedy channels for itself and the basis of claim right.Compared with the right to privacy,the general personality right can provide a broader scope of protection for personal information.The law of personal information protection in our country is scattered and various,which is not conducive to the understanding and application of the law.Only when different types of information are applied to different rules,can the information be protected to the greatest extent.Personal information is a new type of rights related to the interests of personality.Whether the subject of information voluntarily public as the boundary can be divided into private personal information and public personal information.Privacy personal information is stripped out from privacy,and this part of personal information that overlaps with privacy can refer to the basis of privacy claim basis.The core and key problem of privacy personal information identification is the identification of illegal acts and fault elements.The reasons for its defense areinformed consent and reasonable public interest.Public personal information is based on social activities,social interaction needs to open to the community of information.Public personal information should belong to a special personality right.The infringement of public personal information mainly includes improper collection,improper use,illegal transaction and provide and so on.When collecting information,it is necessary to make a statement to the information subject in order to respect their right of informed consent,at the same time,the information collected should be treated anonymously,and the use of information should follow the obligation of “good manager”.The illegal trading of information and the provision of identification can not simply from the perspective of the infringer whether they make a profit or not,but from the perspective the nature of the tort with the danger and harmfulness.The defense reasons of this kind of information are technical defense and authoritative information source defenses.